Areas USA SJC, LLC v. Mission San Jose Airport, LLC et al

Filing 14

STIPULATION AND ORDER RE 12 (As Modified by the Court). Case Management Statement due by 11/15/2011. Rule 26 Meeting Report due by 11/18/2011. Initial Case Management Conference set for 11/22/2011 01:30 PM in Courtroom 2, 5th Floor, San Jose. Signed by Magistrate Judge Howard R. Lloyd on 10/31/11. (hrllc1, COURT STAFF) (Filed on 10/31/2011)

** E-filed October 31, 2011 **

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SCOTT D. BERTZYK (SBN 050289)
GREENBERG TRAURIG, LLP
2450 Colorado Avenue, Suite 400E
Santa Monica, California 90404
Tel: [phone]; Fax: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff, AREAS USA SJC, LLC

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DANIEL ROCKEY (SBN 178604)
HOLME ROBERTS & OWEN, LLP
560 Mission Street, 25th Floor
San Francisco, California 94105
Tel: [phone]; Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendants, MISSION SAN JOSE
AIRPORT, LLC, AND MISSION YOGURT,
INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AREAS USA SJC, LLC, a California limited
liability company,

CASE NO. Cll-04487 HRL

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Plaintiff,

JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR INITIAL
DISCLOSURES AND RULE 26(f) REPORTS
AND RESETTING THE INITIAL CASE
MANAGEMENT CONFERENCE

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vs.
MISSION SAN JOSE AIRPORT, LLC, a
Colorado limited liability corporation; and
MISSION YOGURT, INC., a Colorado
corporation,

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Defendants.
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Complaint Filed: September 9, 2011

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JOINT STIPULATION AND PROPOSED ORDER RE EXTENSION OF DISCLOSURE
DEADLINES AND INITIAL CASE MANAGEMENT CONFERENCE
WPB 382,662,445

v1133397.010300

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Plaintiff Areas USA SJC, LLC ("Areas USA") and Defendants Mission San Jose Airport, LLC

2 and Mission Yogurt, Inc. (collectively, "Mission"), by and through their counsel of record, hereby
3 stipulate to the following brief extensions of time for initial disclosures, Rule 26(f) reports, joint case
4 management statement, and initial case management conference, and respectfully request that the Court
5 enter the proposed order attached hereto to approve their stipulation.
STIPULATION

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This stipulation is entered into with respect to the following facts:

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1.

This action was commenced on September 9, 2011, and assigned to the Hon. Magistrate

9 Judge Howard R. Lloyd. That same day, an order was entered setting an October 18, 2011, deadline for
10 meeting and conferring re initial disclosures, early settlement, ADR process selection, and discovery
11 plan. The order also set a November 1, 2011, deadline for filing Rule 26(f) reports, initial disclosures,
12 and the joint case management statement.
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2.

Areas USA promptly served both Mission Defendants.

To facilitate settlement talks

14 between principals for the parties, Mission requested an extension of time to answer the complaint to
15 October 26, 2011, which was granted.
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3.

The parties have begun the process of meeting and conferring regarding their initial

17 disclosures and other obligations.
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4.

Mission's answer will affect the scope of the issues in the action, and hence, the various

19 matters over which the parties must meet and confer.

Additionally, because certain of the documents

20 required for Areas USA to complete its initial disclosures are stored in Spain, Areas USA requires
21 additional time to gather all the relevant documents and communications necessary to satisfy its initial
22 disclosure obligations.
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In light of the foregoing, the parties request that the honorable Court enter an order approving

24 their stipulation to the following:
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A.

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All deadlines previously set for completion by October 18, 2011, and November 1, 2011,
be continued to November 18, 2011.

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JOINT STIPULATION AND PROPOSED ORDER RE EXTENSION OF DISCLOSURE
DEADLINES AND INITIAL CASE MANAGEMENT CONFERENCE
WPB 382,662,445

v1133397.010300

B.

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The initial case management conference be continued from the currently scheduled date

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of November 8, 2011, to such date after November 18, 2011, consistent with the Court's

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calendar, as the Court may deem appropriate.

4 IT IS SO STIPULATED.
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6 DATED: October 26,2011

GREENBERG TRAURIG, LLP

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By:

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Ilsll: Scott D. Bertzvk
SCOTT D. BERTZYK
Attorneys for Plaintiff
AREAS USA SJC, LLC

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DATED: October 26,2011

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HOLME ROBERTS & OWEN, LLP
By:

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Ilsll: Daniel Rockev
Daniel Rockey
Attorneys for Defendants
MISSION SAN JOSE AIRPORT, LLC and
MISSION YOGURT, INC.

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ORDER
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Based upon the foregoing, and good cause appearing therefor, IT IS HEREBY ORDERED
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that:
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A.

All deadlines previously set for completion by October 18, 2011, and November 1, 2011,

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are continued to November 18, 2011.
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B.
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The initial case management

conference

is hereby continued

from the currently

scheduled date of November 8,2011, to November 22
:,2011, at 1:30p.m.

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October
DATED: -------- 31, 2011
Magistrate Howard R. Lloyd

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JOINT STIPULATION AND PROPOSED ORDER RE EXTENSION OF DISCLOSURE
DEADLINES AND INITIAL CASE MANAGEMENT CONFERENCE
WPB 382,662,445

v1133397.010300